Title 04 — Subtitle 05. Buildings and Grounds
Chapter 01. General Regulations
Regulation .01 Definition and Application.LinkCopy Citation
A.
“Property” means State public buildings, improvements, grounds, and multiservice centers under the jurisdiction of the Department of General Services.
B.
In addition to the regulations in this chapter, the following areas are also subject to COMAR 04.05.02 and the procedural rules of the Senate and House of Delegates:
(1)
General Assembly buildings, improvements, and grounds;
(2)
Senate and House of Delegates:
(a)
Chambers,
(b)
Lounges,
(c)
Lobbies,
(d)
Appurtenant areas,
(e)
Committee rooms; and
(3)
Joint Hearing Room.
Regulation .02 Property Access.LinkCopy Citation
A.
The property is closed to the public after regular business hours.
B.
Property or portions of it may be closed to the public during regular business hours in emergency situations:
(1)
Necessary to the orderly conduct of State business;
(2)
For safety reasons; or
(3)
For security reasons.
C.
After consulting with the Secretary of General Services, or in the Secretary's absence, the Deputy Secretary, emergency situations may be declared by the following individuals, or by their authorized designee:
(1)
Superintendent of Baltimore Public Buildings and Grounds;
(2)
Superintendent of Annapolis Public Buildings and Grounds; or the
(3)
Manager of a multiservice center.
D.
During and after business hours or during declared emergency situations, an individual working, visiting, conducting business, or otherwise lawfully in, on, or about State property will be required to display identification documents upon request. During and after business hours or during declared emergencies, an individual may be arrested if the individual:
(1)
Either:
(a)
Is on the property with no apparent lawful business to pursue; or
(b)
Fails to display identification documents upon request; and
(2)
Refuses to leave or fails to leave after being asked to leave by an authorized employee of the Department of General Services.
Regulation .03 Prohibited Conduct.LinkCopy Citation
A.
An individual shall be subject to arrest if the individual:
(1)
Damages or defaces the property;
(2)
Creates loud, unusual noise, including profanity;
(3)
Disturbs employees performing their duties;
(4)
Prevents or disturbs the general public from obtaining services provided on the property; or
(5)
Obstructs:
(a)
Entrances,
(b)
Walks,
(c)
Corridors,
(d)
Elevators,
(e)
Offices,
(f)
Stairways, or
(g)
Parking lots.
B.
Except for official purposes and by authorized personnel, an individual on the property may not carry open or concealed firearms, explosives, incendiary devices, or dangerous or deadly weapons.
C.
Photographs, video, video tape, movie film, or audio recordings for commercial purposes may only be made on the property with the approval of the occupying agency head.
D.
The operation of gambling devices, conducting a pool or lottery, the selling or purchasing of “numbers” or lottery tickets and gambling or betting in any form on the property is prohibited, except for operations by the Maryland State Lottery Agency.
E.
Dogs and other animals may not be brought upon the property for other than official purposes, except seeing-eye dogs and animals used to guide or assist handicapped persons.
F.
Executive Order 01.01.1987.13 prohibits smoking and the carrying of lit tobacco products or substitutes in public access areas of the property. Smoking is allowed only in areas so designated with posted signs.
G.
Physical damage of the property is prohibited and includes:
(1)
Defacing or marking of the property;
(2)
Throwing articles of any kind at or from the property;
(3)
Climbing upon any part of the property;
(4)
Tampering with landscape and planting; or
(5)
Willful damage, destruction, or removal of property.
Regulation .04 Distribution of Handbills.LinkCopy Citation
Except as provided in COMAR 04.05.02, the distribution by the public of materials such as handbills, pamphlets, and letters in indoor areas of the property is prohibited without the prior approval of the appropriate superintendent or manager.
Regulation .05 Vehicular Traffic.LinkCopy Citation
A.
Vehicles on the property will be operated in a careful and safe manner, complying with directions of guards and posted signs.
B.
The blocking of entrances, driveways, walks, or loading platforms is prohibited.
C.
Parking without authority or parking in unauthorized locations or in locations reserved for others is prohibited.
Regulation .06 Controlled Dangerous Substances and Alcoholic Beverages.LinkCopy Citation
A.
The use of controlled dangerous substances, except as prescribed by physicians or permitted by law, is prohibited on the property.
B.
An individual under the influence of alcohol or controlled dangerous substances may not be permitted on the property, or to operate a motor vehicle on the property.
Regulation .07 Soliciting and Debt Collection.LinkCopy Citation
A.
The soliciting of alms, money, or contributions, commercial soliciting, the display or distribution of commercial advertising, political soliciting, or the collection of private debts, is prohibited on the property, except as permitted by §B of this regulation.
B.
Permissible solicitations require the prior approval of the occupying agency head for scheduling, safety, security, and traffic purposes. Permissible solicitations are limited to:
(1)
Solicitation by national or local campaigns for savings bonds, health, welfare, and charity;
(2)
Solicitations by labor organizations for membership or dues as authorized by law;
(3)
Recruitment campaigns for the Armed Forces, National Guard, and other federal or State agencies, as previously approved by the occupant agencies;
(4)
Operation of vending facilities and concessions as part of the operation of the property for the benefit of employees and the public;
(5)
Personal notices posted by employees on authorized bulletin boards; and
(6)
Activities on portions of the property leased to other individuals or organizations.
C.
These restrictions do not apply to Lawyers’ Mall in Annapolis, which is regulated under COMAR 04.05.02.02.
Regulation .08 Demonstrations and Rallies.LinkCopy Citation
A.
Demonstrations and rallies may be held during regular business hours.
B.
The Secretary or the Chief of the Maryland Capitol Police shall predesignate certain outdoor or indoor areas of the property, traditionally considered public forums, as sites for proposed demonstrations and rallies.
C.
An applicant for a demonstration or rally can request any other area on the property and the Secretary or the Chief of the Maryland Capitol Police shall make every effort to accommodate the request, consistent with safety, security, and traffic concerns, and the least disturbance to employees in the performance of their duties, and not preventing the general public from obtaining the government services that are provided on the property.
D.
Individuals or groups wishing to hold demonstrations or rallies should apply in writing at least 2 days in advance to the Secretary or the Chief of the Maryland Capitol Police for a permit, unless extraordinary circumstances prevent the applications.
E.
Permits are issued at no cost to the applicant on a first-come, first-served basis. The Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:
(1)
Subject matter of the demonstration;
(2)
Applicant; or
(3)
Lateness of the permit application.
F.
The Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.
G.
The applicant shall designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.
H.
Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted.
I.
An individual may not have a firearm in the individual's possession within 1,000 feet of a demonstration on the property.
J.
An individual may not physically attach or illuminate any banner, sign, or message to any State real property without prior written approval from the Secretary or the Secretary’s designee.
K.
Except for federal, State, and local government entities or law enforcement services agencies, an individual may not launch, land, or retrieve an unmanned aircraft system (UAS) on any State real property without prior written approval from the Secretary or the Secretary’s designee.
L.
No person shall intentionally focus, point, or shine any laser beam or high intensity light directly or indirectly onto the eye or eyes of another person or animal, on another person or animal, or onto any State building window in such a manner as would reasonably be expected to annoy, harass, or alarm the person or animal.
Regulation .09 Penalties.LinkCopy Citation
Persons violating these regulations and applicable laws may be prosecuted and, upon conviction by a court, shall be considered guilty of a misdemeanor and may be fined or imprisoned. Nothing contained in these regulations shall be construed to abrogate any other federal, State, or local laws applicable to any area in which the property is located.
Chapter 02. Legislative Branch Buildings and Grounds in Annapolis
Regulation .01 Application.LinkCopy Citation
A.
These regulations are in addition to COMAR 04.05.01.
B.
These regulations apply only to the buildings, improvements, and grounds of the Legislative Branch in Annapolis under the jurisdiction of the Department of General Services.
C.
The following areas are further subject to the procedural rules of the Senate and House of Delegates:
(1)
Chambers;
(2)
Lounges;
(3)
Lobbies;
(4)
Committee rooms;
(5)
Joint Hearing Room; and
(6)
Appurtenant areas.
Regulation .02 Demonstrations and Rallies.LinkCopy Citation
A.
Subject to the conditions below, demonstrations, rallies, and solicitation, whether or not by permit, may be held during regular business hours, but may not be scheduled to start after 8 p.m., or finish after 9 p.m., except when sessions of the Senate or House of Delegates run beyond 9 p.m.
B.
Demonstrations and rallies may be conducted at Lawyers’ Mall in front of the State House between the Legislative Services Building and Government House. The areas posted as fire lanes may not be obstructed.
C.
In case of preemption or conflicting scheduling of Lawyers’ Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the Secretary or the Chief of the Maryland Capitol Police.
D.
Demonstrations or rallies outside State property may require separate approval of the Mayor of Annapolis through the Annapolis Police Department.
E.
Groups of 15 or more persons wishing to hold demonstrations or rallies or engage in solicitation should apply in writing at least 2 days in advance to the superintendent or manager for a permit, unless extraordinary circumstances prevent the applications. Groups of less than 15 persons may hold demonstrations or rallies or engage in solicitation without a permit, space permitting, subject to the same conditions in this regulation, but an individual or group holding a permit will have priority over an individual or group without a permit.
F.
Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:
(1)
Subject matter of the demonstration;
(2)
Applicant; or
(3)
Lateness of the permit application.
G.
Subject to §E of this regulation, and except as provided elsewhere in this Title, the following activities are not prohibited at Lawyers’ Mall:
(1)
Distribution of literature, materials, and merchandise for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials; and
(2)
Solicitation of funds for lawful, non-commercial purposes or the collection of petition signatures.
H.
The applicant shall indicate whether solicitation for charitable contributions will occur and, if so, indicate whether the applicant is properly registered under the Maryland Solicitation Act, Business Regulation Article, Title 6, Annotated Code of Maryland, or exempt from registration.
I.
The applicant or any participant engaging in solicitation of funds shall inform donors whether the contribution is tax deductible, a contribution under §1-101(o) of the Election Law Article, Annotated Code of Maryland, or a gift.
J.
The Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.
K.
The applicant should designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.
L.
Battery operated sound systems may be used, but the State may not provide extra electricity or lighting. Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted. Applicants must comply with all local noise ordinances.
M.
An individual may not possess a firearm within 1,000 feet of a demonstration on the property.
N.
The following activities are prohibited at Lawyers’ Mall:
(1)
Erecting any structures including tents, canopies, or structures; and
(2)
Climbing on, removing, or damaging any memorial, statue, architectural feature, tree, or landscaping.
Regulation .03 Interference with Legislative Process.LinkCopy Citation
A.
An individual or group may not willfully disrupt or interfere with, or attempt to disrupt or interfere with:
(1)
A session of the General Assembly;
(2)
The Senate or the House of Delegates;
(3)
Any of the Senate's or House of Delegates' committees;
(4)
An officer, employee, or staff member of the General Assembly; or
(5)
A member of the Senate or House of Delegates in the member's performance of any official function.
B.
An individual may not willfully picket in a building where:
(1)
The Senate or House of Delegates has a chamber;
(2)
A member of the General Assembly has an office;
(3)
A committee of the General Assembly or the House of Delegates has an office.
Regulation .04 Communications with General Assembly Members.LinkCopy Citation
Nothing in this or other regulations shall prohibit citizens and small groups of citizens from communicating with the General Assembly in a reasonable and orderly manner, including delivery of handbills, pamphlets, letters, and small symbolic objects to members or members' offices.